Do I need probate if my wife dies?
It’s a question that we know can be difficult to broach – especially because we’re not always the best at discussing the difficult things in life..
Whether that’s wills, probate, estates, beneficiaries, lasting powers of attorney, or pretty much anything to do with later life planning, we often struggle to deal with it.
Sadly, however, whether we want to talk about it or not, later life will still happen and at that time we have to deal with them.
Far too many people in the UK die intestate (without a will), and it can cause all manner of problems for their loved ones after they pass away.
So, asking those difficult questions is all important, and a healthy part of life.
To answer the question at hand, “Do I need probate if my wife dies?”, ultimately it does depend entirely on your financial circumstances (among other things) and how you held property, whether in join names, equally owned, or as tenants in common with a defined share of the property each.
For personalised advice on whether you need to apply for probate if your wife has died, please either call us now on 0845 1391399 or complete a Free Online Enquiry.
What Is Probate?
The probate process is an important step that validates the will and releases the assets to the estate, where the executor of the will can ensure that the assets are distributed to the relevant beneficiaries.
It’s a formal process that involves the will being check thoroughly and the total value of the estate being calculated to ensure that everything is legally sound.
The general school of thought is to assume that you WILL need probate, since there are only a few exceptions, and the reality is most people will require probate.
Those exceptions include if:
- The estate is valued at less than £5,000
- The deceased jointly owned their assets with another person who is still alive
Probate might not be required if the total value of the estate is £10,000 or less, but this is subjective and will depend on the view of the financial authorities with whom the money sits.
In marriage, many of your assets are likely to be jointly owned, whether that’s a house, joint bank accounts, cars, as well as savings and investments.
Which would mean that probate will NOT be required…
Of course, every person’s situation is different and there may be assets that are owned solely that need to be calculated as part of the value of the estate.
Will I Need Probate?
We understand how difficult it can be to deal with the death of a loved one, especially if it’s your wife, partner, or husband.
Probate is a crucial part of the legal process following death, and as such, it’s important that you get it right.
The process might seem daunting given the assets at play, and given the heightened emotions involved – and knowing whether you need probate or not can simply add to the confusion.
It’s why it’d be wise to seek legal advice as early as possible, even if it transpires that you don’t require probate.
A qualified probate solicitor can handle the legal aspects of your will and probate so that you can concentrate on the important things, such as the welfare of you and your loved ones.
Probate Solicitors Near Me
At Probate Solicitors Near Me, we’re here to guide you through the probate process from start to finish – whether you just need advice or you need guidance all the way.
All of our solicitors are hand-selected to be the best at what they do, so you can be assured of a high quality, personal service.
To find a probate solicitor near you, simply click the button below, enter a few details and we will soon connect you with a probate solicitor for FREE.
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Or simply call us now on 0845 1391399.